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2026 DAILYLAW 29459 (PAT)

Sanchi Kumari v. The State of Bihar

CWJC/12237/2026 · 2026-08-13

A Abhishek Reddy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12237 of 2026 ====================================================== Sanchi Kumari wife of Amit Kumar, having address at Bihta east nakta kua, ward no-10, P.S- Bihta, P.O- Bihta, Ditrict- Patna, Bihar - 801103. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna. 2. The Director, Department of Mines and Geology, Government of Bihar, Patna. 3. The District Magistrate-cum-Collector, Arwal. 4. The District Mining Officer / Mines Development Officer, Arwal. 5. The Mines Inspector, District Mining Office, Arwal. 6. The Officer-in-Charge, Arwal Police Station, District Arwal. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnikant, Adv. For the Respondent/s : Mr. Addl. Advocate General (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 2 13-08-2026 Heard the learned counsel for the parties. 2. This writ petition has been filed for the following relief(s):- “i. For issuance of an appropriate writ in the nature of Certiorari for quashing the seizure action and seizure memo dated 23.07.2026 whereby the Petitioner's vehicle bearing Registration No. BR01GQ4599 has been illegally seized by the respondent authorities. ii. For issuance of an appropriate writ in the nature of Mandamus directing the respondents to forthwith release the Petitioner's Patna High Court CWJC No.12237 of 2026(2) dt.13-08-2026 2/4 vehicle bearing Registration No. BR01GQ4599, which continues to remain under illegal seizure despite there being no FIR, no confiscation proceeding and no adjudication of any alleged violation. iii. For issuance of an appropriate writ in the nature of Certiorari for quashing the consequential demand/e-challan imposing penalty to the tune of Rs.9,26,670/- upon the Petitioner, which has been imposed without issuance of any show cause notice, without affording opportunity of hearing and in complete violation of principles of natural justice. iv. For issuance of an appropriate writ/order restraining the respondents from continuing retention of the Petitioner's vehicle except strictly in accordance with law.” 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is willing to pay the penalty amount amounting to Rs. 9,26,670/- imposed by the authority without prejudice to his rights. Learned counsel submits that the petitioner is having a good case and prefers to contest the same before the appropriate authority. However for the present, the petitioner wants release of the vehicle as it is remaining ideal and getting exposed to the vagaries of nature. Further, it is submitted that due to the non- operation of the vehicle the Patna High Court CWJC No.12237 of 2026(2) dt.13-08-2026 3/4 petitioner is unable to earn his livelihood. Learned counsel submits that the petitioner is willing to pay the penalty amount of Rs. 9,26,670/- imposed by the authority provided he may be given an opportunity of paying the same in installments and without prejudice to his rights. Further, learned counsel for the petitioner submits that in case the truck is released on payment of the fine amount, the petitioner will not alienate the said truck and he shall produce the vehicle as and when required by the respondent authorities or before the competent Court. 4. In view of the above made submissions with the consent of both the parties, the present writ petition is disposed of permitting the petitioner to pay the penalty amount of Rs. 9,26,670/- in the following manner: i. Rs. 3,26,670/- will be paid at the time of the release of the vehicle. ii. The remaining amount of Rs. 6,00,000/- will be paid in three equal installments:- (a) Rs. 2,000,00/- by 10th of September, 2026. (b) Rs. 2,000,00/- by 10th of October, 2026. (c) Rs. 2,000,00/- by 10th of November, 2026. 5. In case the petitioner fails to abide by any of the Patna High Court CWJC No.12237 of 2026(2) dt.13-08-2026 4/4 conditions imposed or pay the fine amount then the respondent authorities are free to take necessary steps for seizing the vehicle once again and auctioning the same for recovery of the balance penalty amount due. 6. With the above observations, the present writ petition stands disposed of. Gauravkr/- (A. Abhishek Reddy , J) U